BILL NUMBER: SB 399	CHAPTERED  10/10/99

	CHAPTER   630
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 10, 1999

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 12, 1999

   An act to add Sections 19995.5 and 20677.1 to the Government Code,
relating to state employees, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 399, Ortiz.  State employees:  State Bargaining Units 1, 3, 4,
11, and 15.
   (1) Existing law provides that if any provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees
requires the expenditure of funds, those provisions of the memorandum
of understanding shall not become effective unless approved by the
Legislature in the annual Budget Act.
   This bill would approve provisions of specified memoranda of
understanding entered into between the state employer and the
California State Employees Association, and would provide that the
provisions of any memorandum of understanding that require the
expenditure of funds shall become effective even if the provisions of
the memorandum of understanding are approved by the Legislature in
legislation other than the annual Budget Act.
   This bill would provide that provisions of any memorandum of
understanding approved by any section of this bill that require the
expenditure of funds, shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature, and
would provide that if funds for these provisions are not specifically
appropriated by the Legislature, the state employer and the affected
employee organization shall meet and confer to renegotiate the
affected provisions.
   (2) Existing law prescribes normal contribution rates for state
miscellaneous and state industrial members of the Public Employees'
Retirement System.
   This bill would provide that the normal contribution rate
applicable to those members in State Bargaining Units 4 and 15 from
January 1, 2000, to August 31, 2000, shall be determined pursuant to
a memorandum of understanding.
   (3) Existing law authorizes the Department of Personnel
Administration to prescribe regulations and conditions with respect
to the administration of employee training in general and authorizes
the department to include specified elements as conditions for
receiving training.
   This bill would create in the State Treasury the State Employee
Scholarship Fund, a continuously appropriated fund, to establish a
program for career advancement to assist eligible state employees to
participate in educational programs.  The fund would be administered
by the Department of Personnel Administration.  The bill would
provide that moneys in the fund shall be allocated from the amount
negotiated in memoranda of understanding between the state and
recognized employee organizations, and appropriated by the
Legislature for the 2000-01 fiscal year.  The fund would cease to
exist on June 30, 2001, unless the existence of the fund is extended
by statute and that statute is enacted and becomes effective prior to
that date.
   This bill would appropriate $200,000 from the General Fund for
transfer to the State Employee Scholarship Fund to provide for the
establishment and administration of the state employee scholarship
program.
   (4) The bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that the purpose of
this act is to approve agreements pursuant to Section 3517 of the
Government Code entered into by the state employer and recognized
employee organizations.
  SEC. 2.  The provisions of the following memoranda of
understanding, prepared pursuant to Section 3517.5 of the Government
Code, and entered into by the state employer and the following
employee organizations, and that require the expenditure of funds or
legislative action to permit their implementation, are hereby
approved for the purposes of Section 3517.6 of the Government Code:
   (a) Unit 1 (professional administrative, financial, and staff
services)-- California State Employees Association.
   (b) Unit 3 (education and library)-- California State Employees
Association.
   (c) Unit 4 (office and allied)-- California State Employees
Association.
   (d) Unit 11 (engineering and scientific technician)-- California
State Employees Association.
  SEC. 3.  Provisions of any memorandum of understanding approved by
any section of this act that are scheduled to take effect on or after
July 1, 1999, and that require the expenditure of funds shall not
take effect unless funds for these provisions are specifically
appropriated by the Legislature.  In the event that funds for these
provisions are not specifically appropriated by the Legislature, the
state employer and the affected employee organization shall meet and
confer to renegotiate the affected provisions.
  SEC. 4.  Notwithstanding Section 3517.6 of the Government Code, the
provisions of any memorandum of understanding that require the
expenditure of funds shall become effective even if the provisions of
the memorandum of understanding are approved by the Legislature in
legislation other than the annual Budget Act.
  SEC. 5.  Section 19995.5 is added to the Government Code, to read:

   19995.5.  (a) There is hereby created in the State Treasury, the
State Employee Scholarship Fund to which funds shall be allocated
from the amount negotiated in memoranda of understanding between the
state and recognized employee organizations, as defined in Section
3513, and appropriated by the Legislature for the 2000-01 fiscal
year.
   (b) The fund shall be used to establish a program for career
advancement to assist eligible state employees to participate in
educational programs that will enhance the personal growth and career
development of employees in state government.
   (c) The fund shall be administered by the Department of Personnel
Administration.  The amounts to be allocated and expended from funds
available for compensation shall be determined by the department.
   (d) Notwithstanding Section 13340, moneys in the fund shall be
available for expenditure without regard to fiscal years through June
30, 2001.  As of June 30, 2001, the fund shall cease to exist unless
the existence of the fund is extended by statute and that statute is
enacted prior to June 30, 2001.
  SEC. 6.  Section 20677.1 is added to the Government Code, to read:

   20677.1.  Notwithstanding Section 20677, the normal rate of
contribution for state miscellaneous and state industrial members in
State Bargaining Units 4 and 15, for the period between January 1,
2000, and August 31, 2000, shall be determined pursuant to provisions
of a memorandum of understanding reached pursuant to Section 3517.5.

  SEC. 7.  The sum of two hundred thousand dollars ($200,000) is
hereby appropriated from the General Fund for transfer to the State
Employee Scholarship Fund to provide for the establishment and
administration of the state employee scholarship program.  Any
additional funds for subsequent fiscal years shall be transferred
from the amount appropriated in the annual Budget Act for employee
compensation.
  SEC. 8.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the provisions of this act to be applicable as soon
as possible in the 1999-2000 fiscal year and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary for this act to take effect immediately.
